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Srinivas Pothuganti   18 October 2024

Execution of court order

There was a fraudulent registration transaction related to my land. We filed a declaration of title suite in the court and an order was issued by the court in our favour in 2012. The order declared the title in my name and also ordered the fraudulent transactions be revoked in the registrar office. I had given an application n the registrar office to follow the orders but nothing has been done so far. I came to know that the order needs to executed within 12 years and since it is still not executed, can I file for an extension and seek court's intervention to get this executed? The order will cross 12 years in another 2 months.



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 5 Replies

T. Kalaiselvan, Advocate (Advocate)     18 October 2024

You need to file the execution petition before the executing court within 12 years from the date of judgment and not before the registrar concerned b ecause it is an order against the registrar.

The time limit of 12 years cannot be extended by court even if you file an application seeking to extend, because you are required to file an execution petition before concerned court only and not before the registrar.

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kavksatyanarayana (subregistrar/supdt.(retired))     18 October 2024

The fraudulent transaction/registration shall be revoked.  However, the parties of the fraudulent transaction shall execute and present the revocation document before the Sub Registrar for registration.  As the fraudulent transaction parties did not turn up, you shall file an execution petition before the court in time.  Why did you keep silent all these years, when the orders passed in year 2012?

Srinivas Pothuganti   20 October 2024

I was not aware of the procedure of filing an execution petition. My lawyer said that the case is closed and no need to do anything as the registrar needs to follow the order and we need to put an application for that. He has been following up with registrar and I have been checking with my lawyer regularly if there is anything we could do to fast track but he insisted that nothing needs to be done. My lawyer is also a close family friend so I just believed him as helped us file the suite from the beginning. 

T. Kalaiselvan, Advocate (Advocate)     20 October 2024

You don't delay filing the execution petition anymore or you will be barred by limitiaton and may not be able to avail the benefits of the decree received in your favor.

Better you change your lawyer without giving room to any sentimental issues and proceed as per law at the earliest before it is too late.


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